On The Construction Of Administrative Court System In China

In recent years, our country’s administrative trial system’s operation was not optimistic.As we can see from the reality data,administrative trial has a lot of difficulties,and administrative relative person’s rights have not been well protected.Therefore,The Supreme Court issued a series of judicial interpretation since 2000.In 2014,the administrative litigation law was edited for the first time,and Judicial interpretation about jurisdiction system had been brought into the administrative litigation law.But in the judicial practice,the reform did not obtain remarkable effect.The predicament of administrative trial still remained.Therefore,the tiny reform within the system can not solve the fundamental problem.The basic reason is the limitations of administrative division.Only if we separated administrative division from the court system and set up independent administrative courts,can we solve the problem fundamentally.In our country,establishment of administrative courts has been suggested by scholars early.Meanwhile,academic circles also have some objections. Administrative courts have a lot of advantages when compared with administrative division:1.The trial independence has increased dramatically;2. Administrative judges are selected from special channels,which ensure the administrative judges’ professionalism;3.Setting up administrative courts makes the administrative trial exposed in public eyes,so the trial will be subject to the supervision of public opinion;4. The administrative judges’ status in society will be improved,so the sense of mission will also be increased significantly.To set up administrative courts in our country is feasible.First of all, the constitution and law does not exclude the establishment of administrative court system.We can define administrative courts into specialized courts.When administrative courts oprate maturely, the law of administrative court system can be enacted.Secondly,establishing of administrative court will not bring a huge increase in staffing,even may cut staff.Administrative courts can use the original office of administrative division,so it will not cost a lot.More over,we are not establishing a complete set of administrative court system overnight.It can be tested at some place,then be Gradually established. It is also to keep up with the trend of the judicial reform.When we set up the administrative courts,the advantages of foreign related law system should be learnd,and the disadvantages should be avoided.Meanwhile, the operation experience of military courts, maritime courts and other special courts also should be learned.The construction of administrative court system calls for the joint efforts of jurisprudential circle.We can gradually build a set of complete system through constant practice.Administrative trial will be more Justified,more independent, and more authoritative,and gradually become a solid bastion to protect the administration relative persons’ legal rights.